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Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

1/3/2013 - Burden of Proof Evidence FMLA Genuine Issue of Material Fact Hiring & Firing Medical Leave Retaliation Summary Judgment Termination

Employee’s Signs of Severe Emotional Distress and Anxiety May Constitute a “Report” of the Need for FMLA Leave

To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that his or her employer denied benefits to which the employee was entitled under the FMLA. For example, an employee might...more

11/20/2012 - Appeals FMLA Hiring & Firing Interference Claims Mental Health Summary Judgment Termination

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